Serial litigant Tosson Mahmoud fights NSW Government move to block him from courts

By Claire AirdUpdated
Fri 25 Jul 2014, 12:17 AM AEST

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The NSW State Government is trying to have Tosson Mahmoud declared a vexatious litigant.

ABC News: Claire Aird

A serial litigant who has lost count of the number of times he has been to court is fighting the New South Wales Government's moves to limit his access to the legal system.

Past court bids by Sydney man Tosson Mahmoud include attempts to take out an Apprehended Violence Order (AVO) on a neighbour, annul his bankruptcy and claim more than $1 million in damages for unfair dismissal after he was convicted of assaulting a school principal.

The Government sees the retired teacher as a pest, but Mr Mahmoud has argued he simply exercised his democratic right to fight for justice through the courts.

He was exercising that right again on Thursday, seeking to quash Attorney-General Brad Hazzard's bid to have him declared a "vexatious litigant".

The NSW Supreme Court ruled against Mr Mahmoud, but he has vowed to appeal the decision.

The "vexatious litigant" determination would mean he could not start any legal proceedings without first seeking the courts' consent.

Mr Mahmoud admitted he had been in court too many times to count but said: "I am not a vexatious person, I have been forced to go to court. I am victimised by the racist corrupt establishment."

But there have been some wins for Mr Mahmoud, too.

In 2006, police forcibly entered his premises in Liverpool in Sydney's south-west.

He claimed compensation for assault, battery, false imprisonment and trespass.

The matter was settled out of court and he was awarded $110,000.

Mahmoud a 'determined and articulate litigant'

Mr Mahmoud, who represents himself in court, has also taken heart from a judgement last year relating to his AVO application.

The judgement stated he was "a determined and articulate litigant" and that his application was not "frivolous or vexatious".

When asked if his continual court appearances were a burden on the taxpayer, Mr Mahmoud argued his time in the judicial system was not as expensive as the State Government that wants to get rid of him.

"We only need one government; the State Government is a burden on the economy of Australia," he said.